Cesar C. v. Alicia L.
Nebraska Supreme Court
800 N.W.2d 249 (2011)
Cesar C. (plaintiff) and Alicia L. (defendant), unmarried, had a child, Jaime, in 2006. Cesar and Alicia both signed and had notarized an acknowledgement of paternity naming Cesar as Jaime’s biological father. Shortly thereafter, Alicia was convicted and imprisoned on drug charges, and she did not resume contact with Cesar and Jaime until 2009. After, Cesar filed suit in district court to establish paternity and sought custody and child support for Jaime. Alicia challenged Cesar’s paternity, and the district court ordered Cesar to submit to a paternity test, which showed that he was not Jaime’s biological father. In response, Cesar moved to have Alicia equitably estopped from denying he was Jaime’s father, citing that he had been Jaime’s sole parent his entire life and that Alicia had never indicated Cesar might not be Jaime’s biological father. Cesar offered the notarized acknowledgement of paternity into evidence without objection from Alicia. The district court held that Alicia could not terminate Cesar’s parental relationship with Jaime, pursuant to both equitable estoppel and the in loco parentis doctrine, but then applied the parental-preference doctrine to conclude that Alicia, as the biological parent, had a superior claim to custody of Jaime. The district court granted custody to Alicia and ordered Cesar to pay child support. Cesar appealed.
Rule of Law
Holding and Reasoning (Miller-Lerman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 709,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.